Employment Alert: New I-9 Audit Blitz

Date: Sep 16, 2010

We have received intelligence that U.S. Immigration and Customs Enforcement (ICE) special agents have begun serving 500 to 700 new I-9 Notices of Inspection (NOI) upon employers nationwide. The NOI states that the employer has three business days to present its I-9 forms for all current employees and all terminated employees covered by the retention rule. Typically the NOI is accompanied by an ICE enforcement administrative subpoena summoning the production of additional categories of business records to be used by ICE forensic auditors in investigating the employer's compliance with I-9 verification requirements, immigration, tax, and wage and hour laws. See sample NOI and ICE enforcement subpoena below. See also DHS/ICE Serves 1000 New I-9 Notices of Inspection on Targeted Critical Infrastructure Employers)

K&H regularly advises employers regarding their rights and obligations in connection with ICE I-9 audits and related proceedings. For assistance please contact Jacki Thompson at thompson@khlaw.com or any member of the K&H Immigration Enforcement Defense Team.

Downloadable Files:
sample NOI and ICE enforcement subpoena